Case Resources

Community Rights Cases

Roske, Tamara et al. v. Colorado Oil and Gas Conservation Commission, 2014CV032637 (D. Ct. Denver County). Co-Counsel representing youth plaintiffs in District Court challenging the Colorado Oil and Gas Conservation Commission’s denial of the plaintiffs’ Petition for Rulemaking to place a state-wide moratorium on hydraulic fracturing permits until new rules are developed that meet the COGCC’s mandate to protect the public health, safety and the environment, including the atmosphere. The District Court recently issued an Order denying the COGCC’s motion to dismiss the Complaint, and ruled that the case can now proceed to judicial review under the Administrative Procedures Act to determine if the agency’s denial of the plaintiff’s Petition for Rulemaking was lawful.

Protect Our Loveland, Inc. v. City of Loveland, et al., 2013CV31071 (D. Ct. Larimer County). Co-Counsel with the University of Denver Environmental Law Clinic (“ELC”) in defending Protect Our Loveland’s petition initiative for a moratorium on hydraulic fracturing. After the City Clerk issued a Finding of Petition Sufficiency, Protect Our Loveland filed a Writ of Mandamus and Complaint, against the City and the City Council of Loveland, to compel the City Council to place the petition initiative on the ballot, which the City Council refused to do. There was also a Protest to the Finding of Petition Sufficiency filed, and Protect Our Loveland filed a motion to interven in that case to defend the City Clerk’s Finding. The cases were consolidated. After six months of legal proceedings, the Court upheld the City Clerk’s finding of petition sufficiency and ordered the City to place the measure on a special election ballot, held June 24, 2014.

Our Broomfield v. City and County of Broomfield, Colorado, 2013CV030221 (D. Ct. Broomfield County). Co-Counsel with the University of Denver Environmental Las Clinic in defending Our Broomfield’s petition initiative for a 5 year moratorium on hydraulic fracturing. Our Broomfield filed a challenge to the Broomfield City Council’s improper ballot title language. As the result of a mediation on the eve of a summary trial proceeding, the ballot title language was changed to better reflect the intent of the petition. The ballot measure passed by 20 votes. The election result was upheld by the District Court after a legal challenge.

Bradburn Parent Teacher Store, Inc., et al. v. 3M Company (E.D. Pa.) (Padova, J.), Co-Lead Trial Counsel. Berry & Leftwich represented a class of businesses alleging that 3M had unlawfully maintained a monopoly over the sale of transparent tape in the United States. Settlement of the matter was reached through mediation, less than thirty days before trial. The businesses in the class received approximately $40 million in damages, which has been distributed to the class.

Lingo et al. v. Microsoft Corp. (Cal. Super. Ct., San Francisco) (Alvarado, J.). Co-Trial Counsel. Berry & Leftwich filed the first action for damages against Microsoft under California’s unfair competition and antitrust laws, alleging monopolization of markets in California for operating system and office suite software and overcharges of more than $3 billion. Less than one month before trial, a mediated settlement was reached, awarding nearly 13 million California businesses and consumers $1.1 billion in award credits for the purchase of computer hardware or software from any vendor, including Microsoft’s rivals. Unclaimed settlement funds were paid to the California Department of Education to benefit poor schools.